CHARLESTON, W.Va. – Charleston Mayor Danny Jones is calling for a special prosecutor to independently review the case of state Supreme Court Justice Margaret Workman’s son, Edward “Teddy” Gardner, who had been accused of beating up his sister on Aug. 5.
A malicious wounding charge against Gardner, 27, was dropped last week, but Mayor Jones said there should be a reconsideration.
“I just think there’s been a miscalculation,” Jones said on Tuesday’s MetroNews “Talkline.” “Something very unconscionable happened up there on that hill that night and we need to find out exactly what it was.”
The initial charge against Gardner was based on his sister Lindsey’s first claims at the scene that her brother had beaten her and kicked her multiple times in Charleston’s Quarry Creek area—near their mother’s home.
Lisa Pollitt was one of the first people to drive up to the scene when both Teddy Gardner and Lindsey Gardner were out of their vehicles. She said she did not know either person at that time and did not see what happened before Lindsey hit the ground.
“What turned out to be Lindsey was laying parallel on the grass, off to the right of the road and a male was straddling her, lifting her at the waist and had her up off the ground,” she said. “Then I guess he noticed that these two cars were waiting to get on up the hill and he literally dropped her and ran to his car and drove away.”
Pollitt, who did give a statement to Charleston Police, said she did not see that man again that night.
Ten days after the incident, including several days spent in the hospital, Lindsey Gardner told Charleston Police a different story when she gave an official statement about what had happened.
She claimed she had tried to take a swing at her brother, Teddy, on the night of Aug. 5 and he pushed her away to defend himself and that’s when she fell and hit her head. Teddy Gardner was not questioned.
In explaining the dismissal of the charge last week, Chuck Miller, the chief of staff for the Kanawha County Prosecuting Attorney’s Office, said there was not enough evidence to pursue the case. He said the head injury Lindsey sustained appeared to be from a fall and not from being kicked multiple times.
But Mayor Jones questioned that dismissal decision.
“We’re not looking for a fight with them (the Kanawha County Prosecuting Attorney’s Office), that’s gone on long enough. I just think the truth needs to be looked into here,” Jones said.